Information for whistleblowers reporting illegal conduct through the internal notification system of Proton Therapy Center Czech s.r.o.
Proton Therapy Center Czech s.r.o. manages the internal reporting system and ensures the protection of whistleblowers (notifiers) based on the legal obligations imposed on the company as a so-called mandatory subject under the Whistleblower Protection Act (hereinafter also referred to as “WPA”).
To ensure the fulfilment of obligations under the Whistleblower Protection Act, the company issued a binding internal directive on the internal whistleblower system and protection of whistleblowers (hereinafter referred to as the “Internal Directive”).
Through the company’s internal reporting system, upon meeting the specified conditions, a natural person authorised to do so (hereinafter referred to as the “whistleblower”) may submit a notification of illegal conduct, which the whistleblower became aware of in connection with the work performed or other similar activity for the company (hereinafter referred to as “notification”).
Through the internal notification system, notifications can be submitted about possible illegal conduct that:
The following persons may submit notifications through the internal reporting system:
The company in accordance with the provisions of §9 (2) b) point 3 of the Whistleblower Protection Act excludes the receipt of notifications from a person who does not perform work or other similar
activities for the company in accordance with § 2 (3) a, b), h) or i) of the Whistleblower Protection Act.
Neither the Whistleblower Protection Act nor this Internal Directive affects the statutory obligation to report directly to the authorities responsible for criminal proceedings the committed criminal acts that are exhaustively listed in §368 of the Criminal Code and fall under the reporting duty (e.g. murder, serious bodily harm, etc.).
The notification should contain the name, surname, date of birth or other information from which the identity of the notifier can be deduced.
At a minimum, the following information is required to effectively review the notification:
A notification of illegal conduct can be submitted through the company’s internal notification system in accordance with the requirements of the Whistleblower Protection Act in the following ways:
· Electronically – to the email address whistleblowing@ptc.cz
· In writing – by post to the address of the company’s registered office, such a shipment must be designated with the inscription “Confidential, to the attention of the appropriate person only” or other similar text
· Verbally – by phone at +420 222 998 926
· Verbally – in person at a meeting with the Relevant Person, if the notifier requests so by e-mail at the address above. The relevant person is obliged to accept the notification within 14 days of such request at the latest.
Repeated notification by the same notifier and on the same matter is not admissible and will not be re-examined, provided that the notifier is instructed using an appropriate brief justification. This shall not apply if this additional notification contains new information and facts compared to the previously submitted notification.
Only the relevant person is authorised to accept the notification, to assess its reasonableness and to take further related actions within the framework of the internal notification system.
Ing. Karolina Laštovková E-mail address: whistleblowing@ptc.cz
Phone: +420 222 998 926
In the context of receiving and assessing the reasonableness of the notification, the relevant person shall always proceed individually, independently and impartially, and shall be entitled to demand the necessary information and documents, as well as other forms of cooperation, from all organisational sections and all employees of the company.
At the same time, the relevant person will ensure that the addressed employees cannot become familiar with the content of the notification and that no fact that could identify the notifier becomes known.
Deadlines for informing the notifier and for assessing the reasonableness of the notification
The relevant person shall send the notifier a letter of receipt of the notification no later than seven (7) days from the date of submission of the notification.
· the notifier explicitly requests the relevant person not to inform him/her of the receipt of the notification, or
· it is clear that the letter of receipt of the notification would reveal the identity of the notifier to another person.
The relevant person is obliged to assess the validity of the notification and inform the notifier in writing of the results of the assessment within thirty (30) days from the date of receipt of the notification.
In factually or legally complex cases, this period can be extended by up to another thirty (30) days, but no more than twice, i.e. the maximum length of time for assessing the reasonableness of the notification can in exceptional cases be ninety (90) days from the date of submission of the notification.
The relevant person always informs the notifier in writing about the extension of the deadline and the reasons for its extension before it expires.
As part of the management of the internal whistleblowing system, as well as during related and/or other activities, all employees and/or members of the company’s bodies are strictly prohibited from applying any retaliatory measures against notifiers.
A retaliatory measure in this regard is understood as an action, or failure to act, in connection with the notifier’s work or other similar activity, which was triggered by the filing of a report and which may cause harm to the notifier.
If these conditions are met, retaliatory measures are, for example, termination of the employment relationship or non-extension of the employment relationship for a fixed period, reduction of wages or remuneration or non-granting of personal allowance, transfer or transfer to another job, failure to
allow professional development, termination or withdrawal from the (commercial) contract or interference with the protection of personal rights.
The prohibition of retaliatory measures shall also apply to other protected persons listed in §4 (2) of WPA, in particular to a person who provided assistance in finding out the information that is the content of the notification, to a person who is a close person in relation to the notifier, or to a person, who is an employee or colleague of the notifier.
If the legal conditions are met, the notification can also be submitted through the external notification system of the Ministry of Justice and/or directly to the relevant public authority, i.e. to the Police of the Czech Republic, the public prosecutor’s office and/or to the substantively competent bodies of the state administration according to their competence (e.g. the Czech Environmental Inspectorate, Office for Personal Data Protection, etc.).
In this case, the notification is received, examined and assessed by the Ministry of Justice or another relevant public authority.
Ministry of Justice of the Czech Republic
Vyšehradská 424/16
128 10 Nové Město
App: https://oznamovatel.justice.cz/chci-podat-oznameni/
E-mail: oznamovatel@msp.justice.cz
